Blocking of website
VKR
(Querist) 27 October 2012
This query is : Resolved
There are few foreign websites, where Defamatory Content has been posted by those owners deliberately. And on complaining to Domain/Hosting Companies... I have been threatened with more !
I have proper evidence against them... what steps I can take as per Indian Laws, how to get them blocked ?
P.S. Neither culprits nor any hosting/domain company is in India.
V R SHROFF
(Expert) 27 October 2012
Report to Cyber crime branch . They will do the needful .
R.K Nanda
(Expert) 27 October 2012
lodge complaint in cyber cell of ur state.
VKR
(Querist) 27 October 2012
Thanks experts but I talked to some IO at Cyber Crime Cell few days back, he said there is no use in filing the complaint with Police as it is a bailable offence. I should get a subpoena from the court against the websites.
What is subpoena, under what provisions of law it is covered ?
VKR
(Querist) 27 October 2012
Not resolved...
Guest
(Expert) 27 October 2012
A writ is also known as subpoena in common English Common Law, as made by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. The term is from the Middle English suppena and the Latin phrase sub poena meaning "under penalty". The subpoena has its source in English common law and it is now used almost with universal application throughout the English common law world. However, for civil proceedings in England and Wales, it is now described as a witness summons, as part of reforms to replace Latin terms with English terms which are easier to understand.
VKR
(Querist) 27 October 2012
Thanks!
So it means a Writ Petition with a High Court of the State is to be filed... but that can be effective against any foreign website ?
Or will this have the effect of blocking those websites in India ?
Devajyoti Barman
(Expert) 27 October 2012
File a civil suit for damages and injunction. The court in India has power to direct the concerned authority to block the websites.
The recent drive of the Govt of India against big shot websites is good example of some actions against them in recent times.
ajay sethi
(Expert) 27 October 2012
agree with mr barman
R.K Nanda
(Expert) 27 October 2012
get stay order from court against said web
site.
